UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number 76/541248

 

This application has been withdrawn from suspension. This Office action supersedes the previous Office action issued in connection with this application in the nature of a suspension action.

 

Prior Response Signed by Person With Unclear Legal Authority

NOTICE OF INCOMPLETE RESPONSE

 

The response filed on September 2, 2004 appears to have been signed by a person who does not have legal authority to bind or represent applicant.  37 C.F.R. §10.18(a); TMEP §§602 and 712.  Therefore, the response is not accepted and the contents will not be reviewed. 

 

To avoid abandonment of the application, applicant must submit a properly signed response or an explanation that the signer had legal authority to bind or represent applicant.  This response or explanation must be received in the Office (1) within thirty days of the mailing date of this letter or (2) within the time remaining in the six-month period for responding to the previous Office action, whichever is longer.  37 C.F.R. §§2.65(b) and 10.18; TMEP §§712, 712.02 and 718.03(b).  Applicant is encouraged to fax a properly signed response or explanation to the undersigned at 571-273-9104, or to submit it via the Trademark Electronic Application System (TEAS) online at http://www.gov.uspto.report/teas/index.html. 

 

An acceptable explanation must be in accordance with the guidelines below.

 

GUIDELINES FOR SIGNING RESPONSES

 

Responses to Office actions must be properly signed.  TMEP §712.  If applicant is not represented by an attorney, the response must be signed by applicant or by someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants, etc.).  TMEP §§712 et seq.

 

A non-attorney who is authorized to verify facts on behalf of an applicant under 37 C.F.R. §2.33(a)(2) (such as trademark administrators, accountants, business managers, administrative assistants, and personal assistants) is not entitled to sign responses to Office actions or to authorize examiner’s amendments and priority actions, unless he or she also has legal authority to bind the applicant, as specified in the paragraph immediately above.  See TMEP §§712.03 and 804.04. 

 

If applicant retains an attorney, the attorney must sign the response.  37 C.F.R. §10.18(a); TMEP §602.  However, the only attorneys who can practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state or (2) Canadian agents/attorneys who have received reciprocal recognition by the USPTO under 37 C.F.R. §10.14(c).  And Canadian attorneys can only represent Canadian applicants.  Foreign attorneys (other than duly authorized Canadian attorneys) cannot sign responses or otherwise represent applicants before the USPTO.  37 C.F.R. §§10.1(c) and 10.14.  Paralegals and secretaries cannot sign responses for attorneys.

 

Refusals and Informalities

The refusals and requirements set forth in the office action dated March 10, 2004 are continued.

 

Conclusion

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

/Linda Michelle Estrada/

Trademark Attorney, Law Office 104

U.S. Patent & Trademark Office

(571) 272-9298

(571) 273-9104 Fax

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.